This application raises an interesting question as to whether a Caveator can ask for an injunction restraining a person who happens to be the sole legatee of an Impugned will from claiming the proceeds of the joint account held in the name of the deceased and the said legatee.

2. The facts leading to this application are briefly stated thereafter

3. One Smt. Nisha Sinha, a Hindu lady governed by Dayabhaga School of Hindu Law was a spinster who died on 29th September, 1983 leaving her last will dated 6th September, 1982 appointing Kamal Mitra, an Advocate and his nephew Sabyasachl Mitra as the Executors of the said will The said Smt. Nisha Sinha died leaving behind her applicant Narendre Nath Sinha the sole surviving brother of the said deceased; one Smt. Sabita Sinha widow of her predeceased brother Santosh Kumar Sinha and several nephews by her predeceased sister Sm. Renuka Mitra as the heir, heiresses and legal representatives in accordance with the previsions of the Hindu Succession Act.

4. The said Kamal Mitra and Sabyasachl Mitra claiming to be the Executors of the said will applied for grant of Probate of the said will left by Smt. Nisha Sinha.

5. On the application fil